With the busy roads of Texas, it’s no surprise that many people get into car accidents every year. Even if you’ve lived in Texas your whole life, you still need to be prepared for what happens next.
Texas is a state where you can file a personal injury lawsuit for any kind of accident, including car accidents. But there are some things you should know before you make that call to your lawyer. We’ve put together this quick guide so that you know what to expect before visiting our website https://moore-firm.com/ or when you call our firm.
Here are some things to know about car accidents in Texas:
Texas Statute of Limitations
The statute of limitations is how long you have to file your lawsuit against someone else for their negligence or wrongdoing. It’s different in every state, but Texas has one of the shortest statutes of limitations in the United States.
Your Statute of Limitations Is Different for Each Type of Case
In general, there are two types of statutes: criminal and civil.
A criminal statute of limitations is how long after an incident the state can charge you with a crime. In Texas, that’s five years for most felonies and 10 years for some violent crimes like rape or sexual assault.
If you were hurt by someone who was driving under the influence (DUI), then your statute of limitations is two years from the date of the incident; if there was no injury involved, then your statute is three years from the date of the incident.
For example, if you are filing a personal injury claim in Texas, you have two years from the date of your injury to file suit. If you’re filing a civil lawsuit for damages (i.e., not criminal), you have two years to file suit from the date that your cause of action accrued. But if you’re suing for breach of contract or negligence, the deadline starts running from when you knew or should have known about the cause of action.
If you miss your deadline, then all hope is not lost! In some circumstances (like if there’s fraud involved), there may be no statute of limitations at all. Plus, there are many other exceptions and defenses that can help extend your deadline—so talk to an attorney today to find out if one applies in your case!
Right to Compensation
You have a right to compensation if you were injured in an accident caused by another person’s negligence or recklessness, regardless of fault or intent.
If you were injured in a car accident because of another driver’s negligence or carelessness, then you may be able to file a claim against that person’s insurance company. There are many different types of injuries that can result from a car accident, including broken bones, cuts, and bruises, traumatic brain injuries (TBI), spinal cord injuries (SCI), etc. These injuries can range from mild to severe depending on where they occurred on your body and how much force was used by either party involved in the incident.
PIP Insurance
If you weren’t at fault for causing the crash but were injured because someone else was careless or reckless behind the wheel (or on their bike!), then you may be entitled to compensation for your injuries under no-fault laws (such as PIP insurance).
No-fault laws allow drivers to recover compensation from their own insurer after an accident, regardless of who caused it or whether they were at fault. This means that even if the other driver was completely at fault for causing your injuries—by running a red light, speeding through a school zone, or failing to yield in a construction zone—you can still recover damages from your own insurer under no-fault laws.
However, it’s important to know that not all car accidents are covered by these laws. In order for a crash to qualify, it must meet certain criteria:
- It must be between two cars or two trucks/buses.
- Both vehicles must have been moving when they collided.
- The collision must have occurred on a public road.
- If any of these three criteria aren’t met, then you won’t be eligible for PIP coverage in Texas if you’re in an accident.
Seeking Help From A Personal Injury Lawyer is Important
If someone hits you from behind, it doesn’t matter if they were driving at a speed limit. Their insurance company can still sue for damages.
In Texas, drivers have a legal responsibility to maintain control of their vehicles at all times. That means if you get into an accident with someone who was texting or otherwise distracted, their insurance company may try to pin the blame on you (even if you weren’t responsible for the crash).
The good news? You still have rights! For example, if your car was damaged by someone else’s negligence, then that person is legally responsible for repairing or replacing it—even if they don’t want to admit fault in causing the accident. If you have questions about what happened during an accident or where you stand legally as someone who was hurt in an auto collision, talk with an attorney as soon as possible!
Age Matters
If the other driver is under 21 years old or under 25 years old and they have a provisional license (aka learner’s permit), then their insurance company won’t cover any damages caused by them unless they have additional coverage on top of their parent or guardian’s policy.
If you’re involved in an accident with someone who is under 21 years old or under 25 years old and they don’t have additional coverage on top of their parent or guardian’s policy, then you may be able to recover compensation for your injuries by filing a personal injury lawsuit against the person who hit you.
So what does this mean for you? Well, if your car was damaged in an accident with one of these drivers and they don’t have additional coverage, you’re going to be on the hook for all of the repairs to your vehicle. The same is true if your injuries were caused by one of these drivers—you may not be able to collect anything from them because their insurance company will not cover it since they don’t offer any supplementary coverage.
Story from McAllen, TX – Atty. Moore.
Since establishing Moore Law Firm, Mr. Moore has recruited some of the top legal minds in the state to represent plaintiffs for personal injury and property damage insurance claims. Over his notable legal career, Mr. Moore was named a Multi-Million Dollar Advocate, one of the Best Attorneys of America, received the second largest products liability verdict in Texas, and currently Lead Liaison Counsel In Re: Fraudulent Hospital Lien Litigation, MDL-15-0360. Moore Law Firm seeks to practice law and represent clients aggressively as Mr. Moore has established himself as a distinguished litigator in South Texas.
